The Can't Be Arsed To Get a Warrant For That Final 5% Act

On CBC's The Current yesterday, internet law prof Michael Geist and Paul Gillespie, a former Toronto Police sergeant and CEO of Kids' INternet Safety Alliance, faced off on the potential for invasion of privacy afforded by the Lawful Access Act ... Protecting Children from Internet Predators Act ... Can't Be Arsed To Get a Warrant For That Final 5% Act

Partial transcript :

Gillespie explains the bill. Quote :

1)Requires service providers to give subscriber data to police upon request : name, unlisted phone #, IP address, without a warrant
2) If police have the authority, they should also have the ability to monitor peoples' communications
3) With a legitimate legal search warrant, be able to get the records logs
4) Compels service providers to store data

Michael Geist:

"If you look through the bill you don't find the words 'child pornography' anywhere because it's about far more than that.
On warrantless access to suscriber information - the reality is a warrant isn't always needed. Under current privacy law, telecom companies and internet companies have the power, the ability to provide the information, things like customer name and address information, without a warrant in appropreiate circumstances where it's part of an investigation. In fact according to RCMP data, they do so about 95% of the time. So in the overwhelming number of cases, they're already disclosing this information without any kind of court oversight. What we're talking about at the end of the day is that last 5%, instances where ISP or telecom companies say "We're not comfortable disclosing this subscriber information to you based on what you've shown us; come back with a warrant and we'll give you whatever you ask for."

That's been a bedrock principle we've had in Canada - it strikes the appropriate balance and really prevents potential fishing expeditions and prevents the prospect of a significant loss and erosion of the privacy balance we have in Canada." 

From Michael Geist's column, Feb 15 :

"[W]ith ISPs and telcos providing subscriber data without a warrant 95 percent of the time, there is a huge information disclosure issue with no reporting and no oversight. This is a major issue on its own, particularly since it is not clear whether these figures also include requests to Internet companies like Google and social media sites such as Facebook and Twitter. The RCMP alone made over 28,000 requests for customer name and address information in 2010."

Meanwhile, be sure to Tell Vic Everything #

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